HomeMy Public PortalAbout08.12.10 Regular Minutes ApprovedMINUTES
McCall City Council
Regular Meeting
Legion Hall (McCall City Hall - Lower Level)
August 12, 2010
Agenda
Call to Order and Roll Call
Executive Session
Open Session
Reports
Pledge of Allegiance
Approve the Agenda
Public Comment
Business Agenda
Consent Agenda
Executive Session
Adjournment
CALL TO ORDER AND ROLL CALL
Mayor Bailey called the regular meeting of the McCall City Council to order at 4:34 p.m.
Mayor Bailey, Council Member Delaney (via phone), and Council Member Kulesza
answered roll call. A quorum was present. Council Member Scott and Council Member
Witte were absent.
City staff present was Lindley Kirkpatrick, City Manager; Bill Nichols, City Attorney; Michelle
Groenevelt; and Chris Meyer, Attorney with Givens Pursley
EXCUTIVE SESSION
At 4:35p.m. Council Member Kulesza moved to go into Executive Session for:
• Litigation — Pursuant to Idaho Code §67-2345(1) (f) to communicate with
legal counsel for the public agency to discuss the legal ramifications of and
legal options for pending litigation, or controversies not yet being litigated
but imminently likely to be litigated.
Council Member Delaney seconded the motion. In a roll call vote Council Member
Kulesza, Council Member Delaney and Mayor Bailey all voted aye and the motion passed.
Council Member Witte arrived at 4:37 p.m.
Council Member Scott joined the meeting via phone at 4:50 p.m.
McCall City Council Regular Meeting
August 12, 2010
Page 1 of 9
Council discussed the Greystone litigation issues and possible strategies and solutions.
RETURN TO OPEN SESSION
At 5:25 p.m. Council Member Kulesza moved to return to open session. Council Member
Witte seconded the motion. In a roll call vote Council Member Kulesza, Council Member
Witte, Mayor Bailey, Council Member Delaney and Council Member Scott all voted aye
and the motion passed.
Mayor Bailey moved to authorize Lindley Kirkpatrick, City Manager to enter in an
engagement letter with Chris Meyer, Attorney with Givens Pursley LLP, to defend the City
of McCall in the Richard Hehr and Greystone Village, LLC litigation case. Council
Member Kulesza seconded the motion. In a roll call vote Mayor Bailey, Council Member
Kulesza, Council Member Delaney, Council Member Scott, and Council Member Witte, all
voted aye and the motion passed.
Additional City Staff present were John Anderson, Airport Manager; Eric McCormick, Golf
Course Superintendent; Jerry Summers, Police Chief; Michelle Groenevelt, Community
Development Director; Linda Stokes, Treasurer; Dennis Coyle, Parks and Recreation Director;
Anne Kantola, Library Director; Peter Borner, Public Works Director; and BessieJo Wagner,
City Clerk.
REPORTS
Department Reports
Mayor Bailey expressed concern over the spotted napweed present over in the Reserve on the
Payette area. He suggested that City Staff contact the County to ensure that the noxious weeds
are sprayed.
Mayor Bailey wanted to know how the building permits were in comparison to plan. Ms.
Groenevelt stated that building permits are ahead of schedule so far this year.
There was clarification from John Anderson, Airport Manager, as to the status of the runway
rehabilitation project. The project will start October 4, 2010 with the irrigation drainage and the
sewer work will also start. Once the work is done with the sewer and culverts in the fall then the
reconstruction of the runway will actually start in the spring.
Council Member Delaney asked what the agreement with Cheap Thrills was in addition to using
the docks. She felt that their trucks were left idling for a long period of time. Dennis Coyle,
Parks and Recreation Director stated that he would look into the possible issue.
McCall City Council Regular Meeting Page 2 of 9
August 12, 2010
Council Member Delaney stated that there had been good use of the dog cleanup stations in the
parks. She also stated that the cleanup over by the docks was wonderful and that she had
received positive feedback.
Lindley Kirkpatrick, City Manager, gave a brief summary of the meeting between the Chamber
on the local restaurant owners, stating that there was some discussion as to price differential
between local and out of town vendors. There was also discussion as to whether there was a need
for a formal restaurant committee, and there was discussion that it may be beneficial for all
restaurant owners to meet and communicate with each other informally.
Complements from the Council to city staff for the work on the America in Bloom program and
how great the City looked.
It was mentioned that the City's long term receptionist was retiring and that a replacement had
been hired. Mayor Bailey stated that Shirley Overton would be missed.
Committee Minutes
The Council received copies of the following committee minutes:
• Environmental Advisory Committee — June 15, 2010
• Planning and Zoning Commission — June 8, 2010
• McCall Historic Preservation Commission — June 7, 2010
Mayor Bailey led the audience in the Pledge of Allegiance at 5:59 p.m.
Mayor Bailey approved the agenda as presented.
PUBLIC HEARING
AB 10-174 Public Hearing on FY11 Budget
Linda Stokes, City Treasurer, gave a brief introduction to FY11 Budget documents.
Mayor Bailey opened the public hearing for the FY11 Budget at 6:04 p.m.
Mike Robinson - 315 Aspen St. — Mr. Robinson distributed a handout to Council comparing the
City of McCall Police Department with The City of Ketchum Police Department. He stated that
he had submitted to City Hall that afternoon just before 5:00 pm, 20 letters he had received from
the community to the Concerned Citizens for Change (CCFC). Mr. Robinson acknowledged that
with McCall being a resort town, it is a little more challenging when budgeting for the Police
Department. He stated that due to their similarities, comparing Ketchum and McCall was an
apple to apples comparison. He went over some of the budget number from the 2009 budgets or
Ketchum and McCall. He stated that he did not know how Ketchum's system worked; however
he stated that Ketchum had come in under their 2009 budget. Mr. Robinson stated that he
retrieved the statistics from the internet. He also said that he was not sure of what some of the
line items were on the Ketchum budget. He summed up his comments by saying that the group
McCall City Council Regular Meeting Page 3 of 9
August 12, 2010
of people he represents, CCFC, would like for the Council to cut the City of McCall Police
Department budget to match the City of Ketchum Police Department budget for FY11.
Bob Bechaud - Woodlands Drive — Mr. Bechaud stated that he also looked at the statistics on the
internet and based on what he read Ketchum and McCall are not an apple to apples comparison.
He stated that he used to live in Ketchum and stated that there were significant differences
between the two cities. He also stated that the demographics are significantly different as well.
Mr. Bechaud stated that in his opinion the McCall Police department was not over staffed. He
stated that McCall rated #2 in the State for crime while Ketchum was rated at #40 and that this
statistic shows that McCall needs the officers they have to maintain. Mr. Bechaud also stated that
in these tough economic times cities should be cutting their budgets and feels that there should
not be any increase and that the Council should not take the 3% increase.
Sheree Soenfield - 664 Woodlands Drive— Ms. Sonfield stated that she only had positive
comments of the McCall Police Department. She stated that she feels fortunate that the force is
prompt and polite and good. She was concerned about the crime rate and thinks it was not
acceptable to consider cutting the number of officers. She liked that the police were visible and
that there was a presence felt within the City. Ms. Sonfield also stated that she did not think that
McCall should be compared to Ketchum.
Jerry Summers, Police Chief, stated that he appreciated the comments received from the
community. Chief Summers stated that one of the reasons Ketchum was able to lower their
Police Department budget was due to having a contract with Blaine County Sheriff s
Department. Chief Summers addressed some of the issues raised with the Ketchum comparison.
Dean Martens 321 CeeCee Way — Mr. Martins did not think that the Police department was
overstaffed based on what had been said. Mr. Martins stated that he did not think that the
Council should take the 3%. He also asked that the Council consider what affect the increase in
medical would have on the lower graded employees.
Hearing no Further Comments, Mayor Bailey left the Public Hearing open to accept
written comments until August 26, 2010.
Mayor Bailey addressed the citizens and covered the difficulties of creating a municipal budget.
The Council Members made comments on their opinions of whether to take the 3%. Council
Member Kulesza stated that he was not interested in the 3% increase. He stated that the staff
recommendations to cut from the budget were reasonable. He stated that the City should find a
way to budget without the increase. Council Member Delaney agreed that an increase was not
necessary. Council Member Scott was in support of not taking the 3%.
There was a brief discussion on the issue of the increase employees would have to pay for
benefits.
In addition to the Staff recommendations to cut the proposed budget, Mayor Bailey had his own
suggestions:
McCall City Council Regular Meeting Page 4 of 9
August 12, 2010
" P a g e 1 8 a c o r r e c t i o n - u n d e r C a p i t a l E x p e n s e s t h e $ 4 5 0 0 0 w a s l i s t e d u n d e r I M P A C T
F E E S T U D Y , a n d i t s h o u l d h a v e b e e n u n d e r C A P I T A L P U R C H A S E S
" P a g e 3 4 P o l i c e D e p a r t m e n t m o t o r f u e l s ( $ 1 0 , 0 0 0 )
" P a g e 3 6 P o l i c e D e p a r t m e n t A u t o r e p a i r s ( $ 2 0 0 0 )
" P a g e 4 1 - P a r k s D e p a r t m e n t p a t h w a y s b u d g e t s u g g e s t e d t h a t t h e W o o l e y p a t h w a y b e p u t
i n t o t h e n e x t y e a r ( 2 0 1 2 ) ( $ 3 0 , 0 0 0 )
" B r o w n p a r k p a t h w a y i s a s a f e t y i s s u e a n d n e e d s t o b e r e c o n s t r u c t e d
" P a g e 5 2 P u b l i c W o r k s - S t r e e t s - f u e l s ( $ 1 0 , 0 0 0 )
C o u n c i l M e m b e r K u l e s z a s t a t e d t h a t t h e r e w a s e n o u g h f l e x i b i l i t y w i t h i n t h e p r o p o s e d b u d g e t
t h a t w o u l d p r e c l u d e a 3 % i n c r e a s e .
M a y o r B a i l e y s t a t e d t h a t t h e i s s u e o f t h e h i g h e r b e n e f i t c o s t s t o t h e e m p l o y e e s n e e d s t o b e
r e v i s i t e d .
C o u n c i l M e m b e r W i t t e s u p p o r t e d t h e r e c o m m e n d e d c u t s ; h o w e v e r s h e s t i l l s u p p o r t s t h e
d o w n t o w n m a s t e r p l a n a n d s u g g e s t e d t h a t t h e y c o n s i d e r t h e u s e o f t h e e c o n o m i c d e v e l o p m e n t
f u n d s f o r t h e d o w n t o w n m a s t e r p l a n .
M a y o r B a i l e y s t a t e d t h a t t h e G o l f C o u r s e n e e d s a n e w m a i n t e n a n c e b u i l d i n g .
C o u n c i l M e m b e r D e l a n e y s u g g e s t e d t h a t e v e r y p l a c e t h e P o l i c e D e p a r t m e n t b u d g e t h a d a n
i n c r e a s e t h a t t h e y t a k e a n a d d i t i o n a l l o o k a t w h y t h e i n c r e a s e w o u l d b e n e e d e d .
C o u n c i l M e m b e r S c o t t j o i n e d t h e C o u n c i l l i v e a t 6 : 5 0 p . m .
T h e r e w a s a s u g g e s t i o n t h a t s t a f f c h a n g e t h e f u n d i n g m a t r i x t o f i t w h e n t h e f u n d i n g i s n e e d e d s o
t h e f i r s t f i v e p r o j e c t n e e d s t o b e f l e x e d .
T h e r e w a s a g e n e r a l c o n s e n s u s f r o m t h e C o u n c i l t o n o t t o t a k e t h e 3 % i n c r e a s e .
A B 1 0 - 1 7 8 D r i v e w a y a n d R i g h t - o f - W a y E x c a v a t i o n P e r m i t F e e s
P e t e r B o r n e r , P u b l i c W o r k s D i r e c t o r , g a v e t h e r a t i o n a l e f o r t h e f e e i n c r e a s e s s t a t i n g t h a t t h e
c u r r e n t f e e s d o n o t e v e n c o m e c l o s e t o c o v e r i n g t h e c o s t s o f t h e l a b o r i n v o l v e d i n a p p r o v i n g t h e
r i g h t - o f - w a y p e r m i t s . I t w a s c o n f i r m e d t h a t t h e p r o p o s e d f e e s w e r e c o m p e t i t i v e w i t h w h a t o t h e r
c o m m u n i t i e s c h a r g e .
M a y o r B a i l e y o p e n e d t h e p u b l i c h e a r i n g f o r d r i v e w a y a n d r i g h t - o f - w a y e x c a v a t i o n p e r m i t
f e e s a t 7 : 0 3 p . m .
H e a r i n g n o c o m m e n t s , M a y o r B a i l e y c l o s e d t h e p u b l i c h e a r i n g f o r d r i v e w a y a n d r i g h t - o f -
w a y e x c a v a t i o n p e r m i t f e e s .
C o u n c i l M e m b e r K u l e s z a m o v e d t o s u s p e n d t h e r u l e s a n d r e a d O r d i n a n c e N o . 8 7 7 b y t i t l e
o n l y o n e t i m e o n l y . C o u n c i l M e m b e r S c o t t s e c o n d e d t h e m o t i o n . I n a r o l l c a l l v o t e C o u n c i l
M c C a l l C i t y C o u n c i l R e g u l a r M e e t i n g P a g e 5 o f 9
A u g u s t 1 2 , 2 0 1 0
Member Kulesza, Council Member Scott, Mayor Bailey, Council Member Delaney, and
Council Member Witte all voted aye and the motion passed.
Ordinance No. 877 was read one time only, by title only by Mrs. Wagner
Council Member Witte moved to adopt Ordinance No. 877 allowing driveway permit fees
to be set by resolution of the City Council. Council Member Kulesza seconded the motion.
In a roll call vote Council Member Witte, Council Member Kulesza, Mayor Bailey, Council
Member Delaney, and Council Member Scott all voted aye and the motion passed.
Council Member Scott moved to adopt Resolution 10-16 setting driveway and right-of-way
permit fees and authorize the Mayor to sign all necessary documents. Council Member
Witte seconded the motion. In a roll call vote Council Member Scott, Council Member
Witte, Mayor Bailey, Council Member Delaney, and Council Member Kulesza all voted aye
and the motion passed.
PUBLIC COMMENT
Mayor Bailey called for public comment at 7:06 p.m.
Brent Johns, Ernesto Dr. — Mr. Johns had a comment on the City Budget stating that he used to
work with the Public Works department and the City was able to serve the public and keep the
cost low. He requested that the Council reconsider the decision to have people pay for water and
sewer when it was not being used.
Holly Markelow — McGinnis — Ms. Markelow stated that she owns a second home in McCall
that she stays in 2 months a year. She was concerned with paying the water and sewer service
even when she was not using it. She could not understand why she had not been sent notice in
the mail of the change.
Hearing no further comments, Mayor Bailey closed the public comment period.
BUSINESS AGENDA
AB 10-179 Notice of Award and Construction Contract award to Valley Paving, Runway
reconstruction and Airport Sewer and AIP3-16-0023-019 Grant Acceptance
authorization
John Anderson, Airport Manager, stated that the Grant Offer was expected within the next week.
Council Member Kulesza moved to approve the Award and Construction Contract to
Valley Paving and accept a grant offer from FAA and authorize the Mayor to sign any and
all documents associated with project number AIP 3-16-0023-019 contingent upon the
receipt of the grant award from the FAA. Council Member Scott seconded the motion. In a
McCall City Council Regular Meeting
August 12, 2010
Page 6 of 9
roll call vote Council Member Kulesza, Council Member Scott, Mayor Bailey, Council
Member Delaney, and Council Member Witte all voted aye and the motion passed.
AB 10-173 Environmental Advisory Committee (EAC) — High School Representative
Appointment
Michelle Groenevelt, Community Development Director, stated that the Council expressed
interest in Anika Miller as the high school representative during the last selection on January 28,
2010. Ruth Lewinski also expressed interest in the position. The EAC discussed having both of
these high school students as representatives to serve on the committee due to there being an
interest and the fact that with High School schedules there may be times when one or the other
would not be available to attend a meeting.
Mayor Bailey recommended that both students be appointed; the Council unanimously supported
the recommendation.
AB 10-171 Conditional Use Permit CUP-10-06: 403 Timm Street — Scott Residence
Michelle Groenevelt, Community Development Director, stated that the applicant has submitted
a Conditional Use Permit application for a single-family residence in the Community
Commercial (CC) Zone. The proposed construction was a replacement of an existing residence
that was damaged by fire.
Council Member Scott left the meeting at 7:25 p.m.
Council Member Kulesza moved to approve CUP -10-06 subject to the presented Findings
and Conclusions. Council Member Witte seconded the motion. In a roll call vote Council
Member Kulesza, Council Member Witte, Mayor Bailey, and Council Member Delaney all
voted aye and the motion passed.
AB 10-172 Administrative Determination: Non -Conforming Structures (setbacks)
Michelle Groenevelt, Community Development Director, stated that the Administrative
Determination was previously brought to Council by the City Planner and has since been
modified due to suggestions made by Council. She also stated that Council Member Witte had
some suggested changes as well.
Council Member Scott returned to the meeting at 7:28 p.m.
Mayor Bailey stated that on page 5 in the first paragraph "are' was stricken and "is" was
substituted, he stated that it should have been left as "are".
Council Member Witte suggested the following changes:
• Page 2, second paragraph under Damages vs. Repairs and Maintenance — Change
"self-induced" to "intentional" and to strike the second sentence in the same paragraph
completely
• Page 2, second paragraph under Damages vs. Repairs and Maintenance — Add, "by the
structure's owner" to the end of the sentence
• Page 3, second paragraph under Thresholds — Change "where it" to "that repair"
McCall City Council Regular Meeting Page 7 of 9
August 12, 2010
" P a g e 3 , s e c o n d p a r a g r a p h u n d e r T h r e s h o l d s C h a n g e " m u s t b e b u i l t " t o " i f r e b u i l t m u s t
b e "
" P a g e 3 , t h i r d p a r a g r a p h u n d e r T h r e s h o l d s C h a n g e " a p p l i e s " t o " a p p l y " a n d C h a n g e
" w h e r e " t o " i n w h i c h t h e c o s t o f r e p a i r o f t h e d a m a g e i s "
" P a g e 3 , f i f t h p a r a g r a p h u n d e r T h r e s h o l d s C h a n g e " t h e y " t o " h e / s h e ' a n d s t r i k e a n d s e
0
" P a g e 4 , f i r s t p a r a g r a p h , s e c o n d s e n t e n c e u n d e r S a f e t y E x c e p t i o n s t r i k e i n t e r p r e t a t i o n i n
" P a g e 4 , f o u r t h p a r a g r a p h u n d e r S a f e t y E x c e p t i o n C h a n g e " s h a l l " t o " m a y " a n d
c o m p l e t e l y s t r i k e t h e n e x t s e n t e n c e .
" D e l e t e t h e e n t i r e l a s t p a r a g r a p h o n p a g e 4
C o u n c i l M e m b e r S c o t t s t a t e d t h a t s h e h a d h e a r d t h a t s o m e m a y i n t e r p r e t t h e d e t e r m i n a t i o n a s a
c o d e c h a n g e . B i l l N i c h o l s , C i t y A t t o r n e y s t a t e d t h a t t h e p r e s e n t e d A d m i n i s t r a t i v e D e t e r m i n a t i o n
w a s a f a i r r e a d i n g o f t h e c o d e . H e a l s o s t a t e d t h a t t h e C o u n c i l h a s t h e a u t h o r i t y t o i n t e r p r e t C i t y
C o d e a n d t h e p r o p o s e d A d m i n i s t r a t i v e D e t e r m i n a t i o n i s t h e C o u n c i l ' s i n t e r p r e t a t i o n .
C o u n c i l M e m b e r K u l e s z a m o v e d t o e n d o r s e t h e N o n - C o n f o r m i n g S t r u c t u r e s
A d m i n i s t r a t i v e D e t e r m i n a t i o n w i t h t h e s u g g e s t e d c o r r e c t i o n s . C o u n c i l M e m b e r W i t t e
s e c o n d e d t h e m o t i o n . I n a v o i c e v o t e a l l m e m b e r s v o t e d a y e a n d t h e m o t i o n c a r r i e d .
A B 1 0 - 1 7 6 P r o p o s e d U p d a t e t o T i t l e V o f t h e M c C a l l C i t y C o d e t o r e m o v e C o d e s e c t i o n s
t h a t a r e e i t h e r i n c o n f l i c t w i t h S t a t e C o d e o r S t a t e C o d e i s m o r e s t r i n g e n t
J e r r y S u m m e r s , C h i e f o f P o l i c e , s t a t e d t h a t t h e p r o p o s e d u p d a t e t o t h e C i t y C o d e m a n u a l i s
n e c e s s a r y b e c a u s e s e v e r a l c o d e s a r e i n c o n s i s t e n t w i t h S t a t e C o d e . T h e p r o p o s e d c h a n g e s w o u l d
r e m o v e t h e i n c o n s i s t e n t c o d e s a n d u p d a t e t h e p e n a l t i e s f o r m i s d e m e a n o r c r i m e s t o m i r r o r I d a h o
S t a t e C o d e .
C o u n c i l M e m b e r K u l e s z a m o v e d t o d i r e c t c i t y s t a f f t o d r a f t a n O r d i n a n c e t o a m e n d T i t l e V
o f t h e M c C a l l C i t y C o d e . M a y o r B a i l e y s e c o n d e d t h e m o t i o n . I n a v o i c e v o t e a l l m e m b e r s
v o t e d a y e a n d t h e m o t i o n c a r r i e d .
C O N S E N T A G E N D A
S t a f f r e c o m m e n d e d a p p r o v a l o f t h e f o l l o w i n g i t e m s :
" 7 / 2 2 / 1 0 R e g u l a r M i n u t e s
" W a r r a n t R e g i s t e r s p r i n t e d o n 8 / 6 / 1 0
" P a y r o l l R e p o r t f o r P e r i o d e n d i n g 7 / 2 3 / 1 0
" A B 1 0 - 1 7 5 M c C a l l A n n u a l A n t i q u e & C l a s s i c C a r S h o w 2 0 1 0
" A B 1 0 - 1 7 7 G r a n t a p p l i c a t i o n f o r U S D e p a r t m e n t o f T r a n s p o r t a t i o n T I G E R I I p l a n n i n g
g r a n t
M c C a l l C i t y C o u n c i l R e g u l a r M e e t i n g
A u g u s t 1 2 , 2 0 1 0
P a g e 8 o f 9
Some discussion took place to clarify the warrant register. Council asked for a cost comparison
of owning the equipment to do street striping and contracting it out. Council would also like a
status on the City's AED's.
Council Member Kulesza moved to approve the Consent Agenda as presented and
authorize the Mayor to sign all necessary documents. Council Member Scott seconded the
motion. In a roll call vote, Council Member Kulesza, Council Member Scott, Council
Member Delaney, Mayor Bailey, and Council Member Witte all voted aye and the motion
passed.
Council Member Witte posed the question as to how can the City explain the continuous billing
decision. There was a brief discussion as to a possible mailer. It was decided that City staff
would put together a FAQ and present to Council.
At 7:56 p.m. Mayor Bailey moved to go into Executive Session for:
• Litigation — Pursuant to Idaho Code §67-2345(1) (f) to communicate with
legal counsel for the public agency to discuss the legal ramifications of and
legal options for pending litigation, or controversies not yet being litigated
but imminently likely to be litigated.
Council Member Scott seconded the motion. In a roll call vote Mayor Bailey, Council
Member Scott, Council Member Delaney, Council Member Kulesza, and Council Member
Witte all voted aye and the motion passed.
Kim Trout, Attorney joined the meeting via phone.
Council discussed the Payette Lakes Water and Sewer District litigation issues and possible
strategies and solutions.
Without furthe
ATTEST:
BessieJo Wag r,
ayor adjourned the meeting at 9:20 p.m.
Donald C. Bailey, Mayo
McCall City Council Regular Meeting
August 12, 2010
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